AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00099
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
One of his non-selections to the rank of major on the Calendar
Years 2009 (CY09) and 2010 (CY10) Line and Health Professions
Nonparticipating Reserve (NPR) Major Promotion Selection Boards
be expunged from his record.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received two consecutive non-selections for promotion to
major while in the inactive reserves, and they would constitute
unmerited prejudice against him if he were to join the
Connecticut Air National Guard (ANG). His reserve record and
combat experience would have merited a promotion had he stayed
on active duty or immediately transferred to the ANG. This
would allow him to join the Connecticut ANG.
In support of his request, the applicant provides copies of two
memos from an ANG Group Commander stating his desire to hire the
applicant.
The applicant’s complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered active duty on 14 Jul 99.
On 29 Sep 07, he separated from active duty under a Voluntary
Separation Program (VSP) and was credited with 8 years,
2 months, and 16 days of active service.
On 23 Sep 09, he was a non-selected for promotion to the grade
of major (O-4) by the CY09 Line and Health Professions
Nonparticipating Reserve (NPR) Major Promotion Selection Board.
On 1 Feb 10, he was again non-selected for promotion to the
grade of major (O-4) by the CY10 Line and Health Professions
Nonparticipating Reserve (NPR) Major Promotion Selection Board.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPB recommends removing both non-selections to major from
the applicant’s records. Both of the promotion boards on which
he was non-selected had a quota of one officer to promote. The
applicant was not that officer. The applicant was discharged
from all appointments on 30 Sep 10. ANG policy prohibits any
officer in a twice-deferred status from obtaining an appointment
with the ANG. However, the applicant is no longer a twice
deferred officer. The applicant is a civilian and, therefore,
cannot be in a twice deferred status. There is nothing in the
law that prohibits reappointment of a former officer, even if
that former officer was previously deferred twice. If the
applicant re-entered military status, he would have a “clean
slate.”
A complete copy of the ARPC/DPB’s evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 1 Mar 12 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We find no
evidence of error in this case and after thoroughly reviewing
the documentation that has been submitted in support of
applicant's appeal, we do not believe he has suffered from an
injustice. The Board notes the assertion by AFPC/DPB that there
is nothing in law that prohibits reappointment of a former
officer, even if that former officer was previously twice
2
deferred, and that if the applicant re-entered military status
he would have a “clean slate.” Given that the applicant does
not contend there was an error or injustice in his being twice
non-selected for promotion, coupled with the Air Force OPR’s
assertion that there is no restriction against reappointing him,
the Board believes that no relief is required or warranted.
Further, granting the applicant’s request would be inconsistent
with existing Air Force policy. Therefore, based on the
available evidence of record, we find no basis upon which to
favorably consider this application.
4. The applicant’s case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00099 in Executive Session on 7 Nov 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Panel Chair
Exhibit A. DD Form 149, dated 9 Jan 12, W/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPB, dated 14 Feb 12.
Exhibit D. Letter, SAF/MRBR, dated 1 Mar 12.
Panel Chair
Member
Member
3
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